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8. Boot camp/ERP

State v. James L. Montroy, 2005  WI App 230 For Montroy: Jay E. Heit; Stephanie L. Finn Issue/Holding: The sentencing court properly exercised discretion in denying eligibility for Earned Release, § 302.05(3), despite misperceiving at one point that defendant was statutorily ineligible: ¶17 … [A]t the December 6, 2004, [postconviction] hearing … [t]he court stated: Well… Read More

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State v. Miyosha White, 2004 WI App 237, PFR filed 12/1/04 For White: Leonard Kachinsky Issue/Holding: A sentencing court exercising discretion on eligibility for the earned release program, § 973.01(3g), has authority to determine not only whether but also when the defendant is eligible for the program. The language and purpose of the earned release statute is “almost… Read More

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State v. David A. Lehman, 2004 WI App 59, PFR filed 3/4/04 For Lehman: Leonard D. Kachinsky Issue/Holding: Sentencing court may impose 4-year waiting period for entry into Challenge Incarceration Program (“boot camp”), §§ 302.045, 973.01(3m): ¶17. The intent of the legislature is therefore advanced by an interpretation of Wis. Stat. § 973.01(3m) that allows a sentencing court… Read More

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State v. Ashley B. Steele, 2001 WI App 160, PFR filed 6/25/01 For Steele: Christopher William Rose Issue: Whether sentencing eligibility for “boot camp” is determined by bright-line statutory guidelines, or by exercise of trial court discretion. Holding: ¶12. While an offender must meet the eligibility requirements of Wis. Stat. § 302.045(2) to participate in the challenge… Read More

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